If a submission to arbitration be revoked, and an action be brought therefor, the amount shall only be the costs and damages sustained in preparing for and attending the arbitration.' JUDICIAL DECISIONS The submission of a cause in court to arbitration operates as a discontinuance of the suit; a consent to submit a matter to arbitration does not imply a consent that the party in whose favor the award is made, may enter judgment upon it in court as a matter of course. The ordinary way of enforcing an award is by action; and where no statute exists authorizing the court to enter judgment on an award upon motion, the court has no right to proceed in that way.' Unless the statute is strictly complied with, a submission of a cause to arbitration amounts only to its withdrawal from the jurisdiction of the court, which loses all control over it, and has no authority to enter judgment upon the finding of the arbitrators, except by consent of parties." Our statute is but a reaffirmance of the common law, and gives to parties no higher rights than they might have asserted in a court of equity, in case of mistake, fraud, or accident. The arbitrators are not bound to decide on principles of strict law, but may decide on principles of equity and good conscience.* If arbitrators intend to decide according to law, and mistake the law, the court will set aside their award. In all cases where the arbitrators give the reasons of their finding, they are supposed to have intended to decide according to law, and to refer the point for the opinion of the court. In such cases, if they mistake the law, the award must be set aside, for it is not the opinion they intended to give, the same having been made through mistake." Where parties refer all their differences to arbitration, it is the duty of the arbitrators to pass upon the whole subject in controversy, and if it appear upon the face of the award that they have not disposed of the whole matter, but have left a part open; 1 Wood's Dig. art. 886-889. 21 Cal. 45. 94 id. 1. id. 205; 2 id. 74. 2 id. 74; id. 122. or, if the terms of the award be such as to render a further inquiry necessary to ascertain a sum of money to be paid, or some act to be done, it is void, and will be set aside. When arbitrators have published their award by delivering it to the parties as the award, any revision, correction, or alteration made by them, without the consent of the parties, will vitiate it.' A stipulation in the submission that neither party should appeal, and a power of attorney to confess judgment pursuant to the award, will not bar an appeal from a judgment on the award, especially under our system, where law and equity are blended together.' Contemplative, speculative and contingent profit, cannot be allowed as damages. An award to be effectual must be certain and conclusive, and all intendments must be in favor of giving it certainty. The court must lean to such construction as will support it, and the uncertainty, if any, must appear upon its face.* Courts of equity will set aside awards for fraud, mistake, or accident, and it makes no difference whether the mistake be one of fact, or law.' The award rendered upon a fair arbitration of the matters in dispute, and long concurred in, is conclusive of the rights of the parties." Where parties enter into a submission to arbitration, wherein it is stipulated that the award be entered, as the judgment of the county court, it is void, in toto, that court having no jurisdiction over the subject matter of the award.' One partner cannot bind his copartner by submission of partnership matters to arbitration, but such submission would be good as against himself." A submission to arbitration cannot be entered as an order of the county court, from want of jurisdiction." When an arbitrator exceeds his authority, the effect of his act is void, whether done conscientiously or by mistake." 17 Cal. 812. 22 id. 74. * 1 id. 122. 42 id. 601. id. 74, 122. * 5 id. 179. 79 id. 142. 85 id. 345. 99 id. 142. 10 5 Abbott, 28. An award which leaves nothing to be done, to dispose of the whole matter in controversy, except mere ministerial acts, is sufficiently final and certain.' By the constitution of California, tribunals of conciliation are authorized to be established, but no action has yet been had in the legislature on the subject; should such tribun be established, they will be found to differ very slightly character from our present courts of arbitration, and the forms used in the one can readily be adapted to the other. OREGON. The foregoing provisions apply substantially to Oregon, except so far as modified by the following sections of the statutes of that state on the subject. No statutory provision upon the subject of arbitration appears in the laws of Washington Territory. All controversies which might be the subject of a personal action at law, or of a suit in equity, may be submitted to the decision of one or more arbitrators." No such submission shall be made respecting the claim of any person to any estate in fee or for life to any real estate, but any claim to an interest for a term of years, or for one year or less, in real estate, and controversies respecting the partition of lands between joint tenants, or tenants in common, or concerning the boundaries of lands, or concerning the admeasurement of dower, may be submitted to arbitration; but nothing in this chapter contained shall preclude the submission and arbitrament of controversies according to the common law." The parties may appear in person, or by their lawful agents or attorneys, before any justice of the peace or clerk of the District Court, and there sign and acknowledge an agreement in substance as follows: Know all men that A. B., of and C. D., of , have agreed to submit the demand, a statement whereof is hereto annexed [and all other demands between them, as the case may be], to the determination of and ; the award of whom, or 123 Barb. 187. 2 Statutes O. 176. the greater number of whom, being made and reported within days from this date, to the District Court for the county of shall be final; and if either of the parties shall neglect to appear before the arbitrators, after due notice given them of the time and place appointed for hearing, the other parties may proceed in his absence. Dated this day of A. D., 185 A. B. C. D. And the justice or clerk shall subjoin to the said agreement his certificate, in substance as follows: State of Oregon, } 88. Personally appeared before me, the above named A. B. and C. D., [or, personally appeared, the above named A. B., and the said C. D., by his attorney, as the case may be], and acknowledged the above instrument, by them signed, to be their free act. Dated this day of 185 J. P., Justice of the Peace. If any specific demand be submitted to the exclusion of others, the demand submitted shall be set forth in the statement annexed to the agreement of submission, otherwise it shall not be necessary to annex any statement of a demand, and the words in the agreement relating to such statement may be omitted, and the submission may then be of all demands between the parties, or of all demands which either of them has against the other, or the submission may be varied in this respect, in any other manner, according to the agreement of the parties.' The award shall be delivered by one of the arbitrators to the clerk of the District Court, designated in the agreement of submission, or shall be enclosed and sealed by them and transmitted to the clerk, and shall remain sealed, until opened by such clerk.' The award may be returned at any term or session of the court, that shall be held within the time limited in the submission; and the parties shall attend at every such term or session, without any express notice for that purpose, in like manner as 1 Statutes O. 177. it an action for the same cause were pending between them in the same court; but the court may require actual notice to be given to either party, when it shall appear to them necessary or proper, before they proceed to act upon the award.' Upon such award being confirmed or modified, the court shall render judgment in favor of the party to whom any sum of money or damages shall have been awarded, that he recover the same; and if the award shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such order. The costs of proceedings shall be taxed as in suits, and if no provision for the fees and expenses of the arbitrators shall have been made in the award, the court shall make a suitable allowance.1 A record of such judgment shall be made, commencing with a memorandum reciting the submission, then stating the hearing before the arbitrators, their award, the proceedings of the court thereupon, in modifying or confirming such award, and the judgment of the court for the recovery of the debt or damages awarded, or other act to be done, and that the parties perform the acts ordered by the award, and for the recovery of the costs allowed." Such record shall be filed and docketed as records of judg ments in other cases; shall have the same force and effect in all respects; be subject to all the provisions of law in relation to judgments in actions, and may in like manner be moved and reversed by writ of error or appeal, and execution shall issue thereupon.' If there be no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable, including therein a compensation for their own services; but the court may reduce the sum charged for the compensation of the arbitrators, if it shall appear to them unreasonable.' Where, by such judgment, any party shall be required to perform any act other than the payment of money, the court rendering such judgment shall enforce the same by rule; and the party refusing or neglecting to perform and execute such act, or |